Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 5870

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/7296)

MOITS PROJECT MANAGEMENT PTY LTD / CFMEU CIVIL AND BUILDING ENGINEERING COLLECTIVE AGREEMENT 2019-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 17 SEPTEMBER 2021

Application for approval of the Moits Project Management Pty Ltd / CFMEU Civil and Building Engineering Collective Agreement 2019-2023

[1] An application has been made for approval of a greenfields agreement known as the Moits Project Management Pty Ltd / CFMEU Civil and Building Engineering Collective Agreement 2019-2023 (the Agreement). The application was made by the Construction, Forestry, Maritime, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Maritime, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 September 2021. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union, acting as the representative for the employees, applied for the approval of the Moits Project Management Pty Ltd / CFMEU Civil and Building Engineering Collective Agreement 2019-2023. The agreement was made between the union and the employer, Moits Project Management Pty Ltd. The union argued that the agreement was fair and met the necessary conditions for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement complied with the requirements for approval under the Fair Work Act. The Commission had to examine whether the agreement included all the necessary provisions, was not contrary to public policy, and did not have the purpose or effect of undermining the operation of the industrial safety net or the dispute resolution system. The Commission also needed to consider whether the agreement met the criteria for being deemed a "single interest employer agreement."

After thorough examination of the agreement, the Commission found that the agreement complied with the relevant statutory requirements. The agreement contained all the necessary provisions and was not contrary to public policy. Furthermore, it did not have the purpose or effect of undermining the industrial safety net or the dispute resolution system. The Commission concluded that the agreement was a single interest employer agreement as it covered employees who were employed in a single enterprise. The Commission approved the agreement, finding that it met all the necessary criteria for approval under the Fair Work Act.

The Fair Work Commission approved the Moits Project Management Pty Ltd / CFMEU Civil and Building Engineering Collective Agreement 2019-2023. The agreement was deemed to be fair and met all the requirements for approval under the Fair Work Act. The approval of the agreement ensures that the employees are covered by a collective agreement that sets out their terms and conditions of employment. The Commission's decision provides certainty to both the employer and the employees and helps to maintain industrial peace in the industry.

Construction, Forestry, Maritime, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established